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CFR › Title 5 › Chapter II › Subchapter A › Part 1201 › Subpart C › Section 1201.115

5 CFR 1201.115 - Contents of petition for review.

There is 1 rule appearing in the Federal Register for 5 CFR 1201. Select the tab below to view, or View eCFR (GPOAccess)
§ 1201.115
Contents of petition for review.
(a) The petition for review must state objections to the initial decision that are supported by references to applicable laws or regulations and by specific references to the record.
(b) (1) If the appellant was the prevailing party in the initial decision, and the decision granted the appellant interim relief, any petition for review or cross petition for review filed by the agency must be accompanied by a certification that the agency has complied with the interim relief order either by providing the required interim relief or by satisfying the requirements of 5 U.S.C. 7701(b)(2)(A)(ii) and (B).
(2) If the appellant challenges the agency's certification of compliance with the interim relief order, the Board will issue an order affording the agency the opportunity to submit evidence of its compliance. The appellant may respond to the agency's submission of evidence within 10 days after the date of service of the submission.
(3) If an appellant or an intervenor files a petition or cross petition for review of an initial decision ordering interim relief and such petition includes a challenge to the agency's compliance with the interim relief order, upon order of the Board the agency must submit evidence that it has provided the interim relief required or that it has satisfied the requirements of 5 U.S.C. 7701(b)(2)(A)(ii) and (B).
(4) Failure by an agency to provide the certification required by paragraph (b)(1) of this section with its petition or cross petition for review, or to provide evidence of compliance in response to a Board order in accordance with paragraph (b)(2) or (b)(3) of this section, may result in the dismissal of the agency's petition or cross petition for review.
(c) Nothing in paragraph (b) of this section shall be construed to require any payment of back pay for the period preceding the date of the judge's initial decision or attorney fees before the decision of the Board becomes final.
(d) The Board, after providing the other parties with an opportunity to respond, may grant a petition for review when it is established that:
(1) New and material evidence is available that, despite due diligence, was not available when the record closed; or
(2) The decision of the judge is based on an erroneous interpretation of statute or regulation.
[54 FR 53504, Dec. 29, 1989, as amended at 59 FR 30863, June 16, 1994; 62 FR 43631, Aug. 15, 1997; 64 FR 27900, May 24, 1999]

Title 5 published on 2012-01-01

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-10-12; vol. 77 # 198 - Friday, October 12, 2012
    1. 77 FR 62350 - Practices and Procedures
      GPO FDSys XML | Text
      MERIT SYSTEMS PROTECTION BOARD
      Final rule.
      Effective November 13, 2012.
      5 CFR Parts 1200, 1201, 1203, 1208, and 1209

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 1204 - Powers and functions of the Merit Systems Protection Board

§ 1305 - Administrative law judges

§ 7701 - Appellate procedures

USC : Title 38 - VETERANS’ BENEFITS

§ 4331 - Regulations

Title 5 published on 2012-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR 1201 after this date.

  • 2012-10-12; vol. 77 # 198 - Friday, October 12, 2012
    1. 77 FR 62350 - Practices and Procedures
      GPO FDSys XML | Text
      MERIT SYSTEMS PROTECTION BOARD
      Final rule.
      Effective November 13, 2012.
      5 CFR Parts 1200, 1201, 1203, 1208, and 1209